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Re: Constitutional Amendment GR: Handling assets for the project



On Friday 21 July 2006 03:12, Manoj Srivastava wrote:

> ------------------------------------------------------------------------
>  4. The Developers by way of General Resolution or election
>    4.1. Powers
>     Together, the Developers may:
> -    6. Together with the Project Leader and SPI, make decisions about
> -       property held in trust for purposes related to Debian. (See
> §9.1.)
>
> ========================================================================
>  4. The Developers by way of General Resolution or election
>    4.1. Powers
>     Together, the Developers may:
> +    6. Together with the Project Leader  make decisions about
> +       property held in trust for purposes related to Debian. (See
> +       §9.).  Such decisions are made by announcement on a
> +       electronic mailing list designated by the Project Leader
> +       or their Delegate(s), which is accessible to all developers.
> -------------------------------------------------------------------------
>
> ------------------------------------------------------------------------
>  5. Project Leader
>    5.1. Powers
>     The Project Leader may:
> -   10. Together with SPI, make decisions affecting property held in
> trust -       for purposes related to Debian. (See §9.)
>
> =========================================================================
>== 5. Project Leader
>    5.1. Powers
>     The Project Leader may:
> +   10. In consultation with the developers, make decisions affecting
> +       property held in trust  for purposes related to Debian. (See
> +       §9.). Such decisions are made by announcement on a
> +       publicly-readable electronic mailing list designated by the
> +       Project Leader's Delegate(s); any Developer may post there.
>
> -------------------------------------------------------------------------
>--
>
> -9. Software in the Public Interest
>
>     SPI and Debian are separate organisations who share some goals.
> Debian is grateful for the legal support framework offered by SPI.
> Debian's Developers are currently members of SPI by virtue of their
> status as Developers.
>
> -  9.1. Authority
> -
> -    1. SPI has no authority regarding Debian's technical or nontechnical
> -       decisions, except that no decision by Debian with respect to any
> -       property held by SPI shall require SPI to act outside its legal
> -       authority, and that Debian's constitution may occasionally use
> SPI -       as a decision body of last resort.
> -    2. Debian claims no authority over SPI other than that over the use
> -       of certain of SPI's property, as described below, though Debian
> -       Developers may be granted authority within SPI by SPI's rules.
> -    3. Debian Developers are not agents or employees of SPI, or of each
> -       other or of persons in authority in the Debian Project. A person
> -       acting as a Developer does so as an individual, on their own
> -       behalf.
>
> -  9.2. Management of property for purposes related to Debian
>
> -   Since Debian has no authority to hold money or property, any
> donations -   for the Debian Project must be made to SPI, which manages
> such -   affairs.
>
>     SPI have made the following undertakings:
>      1. SPI will hold money, trademarks and other tangible and intangible
>         property and manage other affairs for purposes related to Debian.
>      2. Such property will be accounted for separately and held in trust
>         for those purposes, decided on by Debian and SPI according to
> this section.
>      3. SPI will not dispose of or use property held in trust for Debian
>         without approval from Debian, which may be granted by the Project
>         Leader or by General Resolution of the Developers.
>      4. SPI will consider using or disposing of property held in trust
> for Debian when asked to do so by the Project Leader.
>      5. SPI will use or dispose of property held in trust for Debian when
>         asked to do so by a General Resolution of the Developers,
> provided that this is compatible with SPI's legal authority.
>      6. SPI will notify the Developers by electronic mail to a Debian
>         Project mailing list when it uses or disposes of property held in
>         trust for Debian.
>
> ========================================================================
> +9. Assets held in trust for Debian
>
> +  Debian has no legal presence in any country worldwide, and as such
> +  cannot maintain any money or other property. Therefore, property will
> +  have to be maintained by any of a number of organizations as detailed
> in +  §9.2
> +
> +   Traditionally, SPI was the sole organization authorized to hold
> +   property and monies for the Debian Project.  SPI was created in
> +   the U.S. to hold money in trust there.
>     SPI and Debian are separate organisations who share some
>     goals. Debian is grateful for the legal support framework offered
>     by SPI. Debian's Developers are eligible for contributing
>     membership in SPI by virtue of their status as Developers.
>
> +   9.1 Relationship with Associated Organizations
> +
> +     1. Debian Developers do not become agents or employees of
> +        organizations holding assets in trust for Debian, or of
> +        each other, or of persons in authority in the Debian Project
> +        solely by the virtue of being Debian Developers. A person
> +        acting as a Developer  does so as an individual, on their own
> +        behalf. Such organizations may, of their own accord,
> +        establish relationships with individuals who are also Debian
> +        developers.
>
> +   9.2. Authority
>
> +    1. An organization holding assets for Debian has no authority
> +       regarding Debian's technical or nontechnical decisions, except
> +       that no decision by Debian with respect to any property held
> +       by the organization shall require it to act outside its legal
> +       authority. An exception is that Debian's constitution may
> +       occasionally use SPI as a decision body of last resort.
> +    2. Debian claims no authority over an organization that holds
> +       assets for Debian other than that over the use of property
> +       held in trust for Debian. Debian Developers may be granted
> +       authority within such an organization, subject to the
> +       organizations decision and rules.
>
> +   9.3. Management of property for purposes related to Debian
>
> +   Debian has no authority to hold money or property, any
> +   donations for the Debian Project must be made to any one of a set
> +   of organizations designated by the Project leader (or a delegate)
> +   to be authorized to handle such things in name of the Debian
> +   project. Such authorization, or its withdrawal, and annual reports
> +   of activities by such organizations on behalf of Debian must be
> +   published by announcement on a publicly-readable electronic
> +   mailing list designated by the Project Leader or their  Delegate(s);
> +   any Developer may post there.
> +
> +   It would be preferable if the organizations holding assets in
> +   trust for Debian undertake certain obligations for the handling of
> +   such assets, as an example:
>     SPI have made the following undertakings:
>      1. SPI will hold money, trademarks and other tangible and intangible
>         property and manage other affairs for purposes related to Debian.
>      2. Such property will be accounted for separately and held in trust
>         for those purposes, decided on by Debian and SPI according to
> this section.
>      3. SPI will not dispose of or use property held in trust for Debian
>         without approval from Debian, which may be granted by the Project
>         Leader or by General Resolution of the Developers.
>      4. SPI will consider using or disposing of property held in trust
> for Debian when asked to do so by the Project Leader.
>      5. SPI will use or dispose of property held in trust for Debian when
>         asked to do so by a General Resolution of the Developers,
> provided that this is compatible with SPI's legal authority.
>      6. SPI will notify the Developers by electronic mail to a Debian
>         Project mailing list when it uses or disposes of property held in
>         trust for Debian.
>
> ------------------------------------------------------------------------

seconded

-- vbi

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